1. Goods, facilities and services under EU law
Professor A McColgan, King’s College London

2. the legal framework

3. Directive 2000/43 (race/ ethnicity)
Directive 2004/113 (gender)
proposed Directive on sexual orientation/ religion and belief/ disability/ age

4. very little litigation to date on goods and services why?
costs and risks of litigation;
relatively low stakes;
ignorance of the law;
relative unavailability of “representative actions”

5. findings on Directive 2004/113
Sex-segregated Services (December 2008)
Sex Discrimination in the Access to and Supply of Goods and Services and the Transposition of Directive 2004/113/EC (July 2009)

6. summary of findings problems of transposition
definitions (or lack of definitions) of “goods” and “services”
uncertainty
complexity
problems of “fit” with national legislation

7. issues arising material scope: permitted differential treatment
exclusion of education,
content of advertising/ media
permitted differential treatment
positive action
sex segregated services
financial services
How should you deal:
With a member of the public who refuses, on religious grounds, to deal with a staff member who is or appears to be gay?
With a contractor one of whose employees wears a niqab (full face covering) to which some of your service users take objection?

8. proposed Directive material scope
social protection, including social security and health care, social advantages, education, access to and supply of public goods and services including housing
“within the limits of the powers conferred upon the European Community”

9. proposed Directive definitions of discrimination
inclusion of harassment
denial of reasonable accommodation
permitted differential treatment
age
financial services
religious schools

10. core questions defensible grounds? – religion or belief
regulation of “harassment”
proper approach to “discrimination”
defensible hierarchy?
intersecting grounds
enforcement